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Written Evidence Submitted by Tony Smith CBE (COR0136)

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Written Evidence Submitted by Tony Smith CBE (COR0136) [COR0136] Written evidence submitted by Tony Smith CBE (COR0136) Background Tony Smith CBE is a former Head of UK Border Force. He served at all levels from immigration officer to DG in a career spanning 41 years (1972 – 2013) in the UK Home Office / UK Immigration Service / UK Border Agency. He was also Director of Ports of Entry in Immigration Canada 2000 – 2003 (spanning the 9/11 period). Since retiring from govt service in 2013 he has been an international border management consultant and is now chairman of the international border management and technologies association (IBMATA)1 promoting collaboration and best practice in current and future border management processes. Context 1. The UK government is considering the introduction of measures to control the entry of international travellers to limit the spread of the COVID 19 pandemic in the UK. Given that the UK already has one of the highest rates of infection in the world, this is to support a strategy to prevent a “second wave” epidemic once the virus is declining and under control within our borders. History 2. The Border Force has primary responsibility for inspecting all passengers arriving at the UK border. This role was undertaken by immigration officers between 1905 and 2008, whereupon the immigration service was abolished in favour of the UK Border Agency and the creation of the UK Border Force, merging immigration officers and customs officers into a new single Department comprised of Border Force Officers (BFOs). 3. The primary role of the Border Force is to implement laws to support public policy, public security and public health measures at the UK Border. Passengers who are subject to immigration control may be refused or restricted entry under any of these categories in accordance with UK immigration rules. Those that are not subject to control (British citizens) may still be examined and referred to other agencies (such as police) if they pose a threat. The Border Force is also responsible for the examination of goods and freight arriving at UK ports. 4. In terms of public health, BFOs are empowered to refer passengers to a Port Medical Inspector (PMI) for further examination. Passengers subject to control may be refused entry or granted restricted entry on health grounds (mental or physical) where the condition is certified by the PMI. 5. Passengers arriving at UK ports are not routinely examined for medical purposes. There is no physical check against vaccination certificates. Passengers arriving with British, Irish or EEA passports – and visitors from the B5JSSK countries2 holding e passports may enter via an e gate without seeing an immigration officer. Other passengers – including those requiring prior entry clearance – are physically examined by a BFO to determine admissibility. Where there are doubts, they may be referred for a secondary examination. This would include on medical grounds. 6. In the past, each port and airport had their own port health office, with a Port Medical Inspector (PMI) available at all times. Immigration Officers could require inbound passengers to submit to further examination by the PMI if there were concerns about a passenger’s medical condition 1 http://www.ibmata.org/ 2 Australia, Canada, New Zealand, USA, Japan, Singapore, South Korea [COR0136] (physical or mental) which might raise questions about their admissibility on public health grounds. These facilities have been steadily eroded over time; to the point now there is very little medical expertise present or available at our ports of entry. This varies by location but essentially BFO’s contact local health centres for support if they have concerns about a passenger’s health on arrival. 7. Passengers from “visa countries” must obtain a visa before they travel; and they will be refused entry if they do not have one. Visitors from “non visa countries” who are coming for visits of less than 6 months may be admitted without an entry clearance, upon satisfying the BFO that they are genuine visitors.3 8. All non-EU / EEA nationals coming for more than 6 months require an entry clearance to do so. Those requiring entry clearance may be required to produce a health declaration and / or undergo a physical examination prior to entry if they are coming from a country with a high rate of disease (eg tuberculosis).4 9. The government has announced changes to UK visa and immigration requirements following the departure of the UK from the EU and the ending of “free movement” of EU / EEA citizens at the UK Border. This could include a requirement for all citizens (apart from British and Irish citizens) to obtain a “digital permission” to enter and remain in the UK. At the time of writing it is not clear how this will work in practice at the UK Border; but it is likely to involve the introduction of an electronic traveller authority (ETA) for all non-visa visitors, similar to the US ESTA system. Pandemics and Borders: Previous responses 10. International Borders have in the past responded to global pandemics in different ways. There are no global standard for this. The WHO may provide guidance, but admissibility and examination is determined at national and not international level. Previous examples include: Severe Acute Respiratory Syndrome (SARS) – 2002 H5N1 Bird (Avian) Flu - 2005 H1N1 Swine Flu – 2009 – 2010 Ebola – 2014 – 2016 11. In each case countries have responded by introducing selective controls at their borders on specific segments of arrivals, with additional measures such as temperature checks and isolation imposed upon specific flights or groups arriving from “hot spots”. Their ability to impose such checks depend to a great extent upon their capacity to do so; this is much easier at airports than at seaports or land borders. 12. In the UK, recent practice has been to follow the advice of health authorities. BFOs are not trained in medicine or health and cannot routinely identify symptoms based upon a brief encounter at border control. Airport authorities are better placed to divert flights and passengers to more remote areas of the airport away from the international arrivals hall, where secondary examinations can be undertaken by health experts. Where cases are identified demanding specific measures - such as immediate health care or quarantine - arrangements can be made with the Border Force to enable those passengers to be admitted away from the primary control and from other travellers. COVID 19 – Global Responses 3 Save for passengers from B5JSSK countries who may enter via e gates without meeting this test 4 https://www.gov.uk/tb-test-visa [COR0136] 13. At the outbreak of the current virus in Wuhan, countries responded in different ways. For example, Singapore introduced temperature screening at Changi Airport for all inbound travellers from China in January; and extended these to all land and sea checkpoints later that month. All Chinese nationals with passports issued in Hubei Province were referred to health screening stations at the airport; and from 28 January all returning residents and long term pass holders with travelling history in Hubei were quarantined. In February, all work pass holders with travel history to mainland China were required to get prior entry clearance to return to Singapore. On 25 February, any visitors (regardless of nationality) with travel history to Daegu or Cheongdo were no longer allowed to travel. These restrictions were extended to those who had visited other countries (Iran, Northern Italy and Korea) on 4 March. These were further extended almost daily to other groups throughout March, culminating in an announcement on 23 March that Singapore was closed to all short-term visitors or transit passengers anywhere in the world. From 9 April all returning residents and long- term pass holders are required to serve a 14 day self-isolation period at dedicated facilities, and submit a health and travel declaration via the Singapore Arrival Card e service prior to arrival. 14. In the USA, the entry of all foreign nationals who have travelled to China, Iran or the EU has been banned; and non-essential travel to Mexico and Canada is also banned. US citizens and permanent residents may return; but they must fly into one of the 13 international airports with extended health screening capabilities. 15. EU responses have been introduced at national rather than EU level with most countries introducing restrictions on visitors, even within the Schengen zone. France has excluded passengers arriving from non-Schengen countries; but has specific exemptions for other EEA Member States and the UK. Meanwhile Spain has denied travel to all foreign nationals and has closed its land borders to non-nationals save for specific exemptions (returning residents, diplomats). This is the position at the time of writing; but the situation is changing daily as more countries have passed the peak and seek to reopen their borders to tourists to stimulate economic growth. 16. This has given rise to the possible creation of “air bridges” where segments of air traffic may fly to and from specific destinations with a low infection level without going through quarantine. If implemented this would require bilateral or multilateral agreement with other countries; and airports will need to make arrangements to ensure that passengers travelling on quarantine free flights are segregated from those that are not. This requires consultation with the airports and airlines on a case by case basis. UK Response 17. The UK did introduce strict quarantine measures for passengers returning from Wuhan in January. Special arrangements were made to isolate British returnees on evacuation flights and move them to special isolation units in the UK for 14 days. They also announced requirements for passengers travelling from specific “hot spots” such as Northern Italy and Iran to self-isolate; although no enforcement measures were applied.
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